How do you determine the transfer price of a patent?
Transferring or acquiring a patent
Practical sheet REF: FIC1644 V1
How do you determine the transfer price of a patent?
Transferring or acquiring a patent

Author : Virginie BRUNOT

Publication date: December 10, 2017 | Lire en français

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3. How do you determine the transfer price of a patent?

3.1 Price determination criteria

While the assignment price is freely determined by the parties, the very nature of the patent and its possible revocation, even after grant, can make it a delicate matter to assess. However, a number of intrinsic and extrinsic criteria can be taken into account to determine the assignment price, including :

  • the legal status of the title in question, whether issued or still at the application stage, it being specified that the legal certainty concerning the validity of the title increases as the application undergoes more and more examinations;

  • the territory it protects, national, European... ;

  • costs, i.e. the expenses incurred to obtain...

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